Introduction to Fiqh Part 6

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Sajid Ahmed Umar

Channel: Sajid Ahmed Umar

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Topics: Fiqh

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Episode Transcript

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Islam came into Iraq after the death of Muhammad sallallahu alayhi wasallam madressa in Iraq didn't enjoy the peaceful nature of the madrasahs. In he just didn't Iraq was a different ballgame was a different environment. Iraq never enjoyed the serenity of hedges, right he jazz had the majority of the sahab iraq did not. So, durations were more prevalent and recognize the seizures because the people who narrated were people who are known, because they lived in and amongst themselves, which was different to Iraq, a person from PJs could have come to Iraq and narrated the Hadith and the person in Iraq didn't know this person. So he would reject the Hadith. And we'll see why. Right. So

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Iraq was a whole different ballgame. Iraq was plagued with Buddha was plagued with the presence of the Shia was plagued with the presence of the house marriage was plagued with people who lacked religiosity. If we can use that term, they had people who lacked this was a Dini this fear of Allah subhanho wa Taala. Thus, what started happening is people started faking and fabricating and attributing to the Prophet salallahu alayhi wasallam. So that Allah in Iraq by default had to switch on their blinkers if I can say that put up the antennas and VOA they couldn't deal with Hadith as the lemma in hijas. We're dealing with Haiti they couldn't because people were just left right and

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center fabricating and attribute to get to the Prophet sallallahu alayhi wasallam. And you all know that the sheer they have their own books of it and it's full of Hadith and delila. Right, they also have dairy, but the issue is what is the nature and reality of those dairy. So the URL Mr. Rabbani in the dilemma of how they had to be careful, thus, they started placing stringent conditions before they accepted it. So they were forced to use this concept of Ra a, rather than just enjoying the splendor of the haidet when it came to it. So you might find that an alum in Iraq if a hadith comes to him, and it's considered a singular narration headin ahead. And this hadith had pertains to

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something that concerns each and every one of us the element iraq would reject the Hadith even though he just accepting the Hadith because they know the narrator, and they don't have those fears as the orlimar in Iraq have. So they would reject the Saudi they'd say, look, hold on a second, what you saying that the Prophet sallallahu alayhi wasallam said is something that concerns all the Muslims. How can only once have been read this hadith? surely, surely, many, Sir, have you must have heard this and many Sahaba should have narrated it. So until we find corroborating evidences, we reject this Hadith, and will rather work with as or analogy. This is where this concept of raw

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announced that's coming in which today we see a disconnect, we see a disconnect, because there's some people who would say all the Hanafi madhhab is right, and we follow Hadith and so on and so forth. That is a lack of appreciating the situation in Iraq, and what the Muslims were forced to do. And in reality, in reality, the perfect round, is to join between the madrasa of rye and the madressa of Ireland had it like him, I'm sure he did. And that is what he wrote rissalah which is his book, you know, pseudo even Mohammed said, Imam Shafi has joined us to the LMR of Iraq, because they appreciated the skillset of the enemies of Abu hanifa and the caliber of rye that were present

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in Iraq. And that's why we say all the muda have contributed to the development of not one particular method and that's true because even if you look at those who became minister he doing in the humble him, as you find they have rules that differ from the rulings of Mohammed Rahim Allah, for him, was more a scholar of Hadith. Yes, he was he and yes, this difference of opinion, should we call him a P or a hadith? And we know that for example, even Jerry, Robert, he said, he's a Mahabharata 14, so the humble is became angry, and so on and so forth. But he was a fucking Rahim Allah and he was a muhaddith Rahim Allah, however he would rather use his soul was I rather use a

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weak Hadith and use chaos. So naturally, he would have rulings that the Hanafi zadora mafia couldn't have, because the Hanafi is an alumna of Iraq would rather use chaos than use a weak Hadith given their unique situation. Do you appreciate this? appreciate this for law? Hi. This is the reason of difference of opinion. This is just a drop in the ocean. There's many many reasons some go to linguistic issues, like differences of opinion regarding for example, Allah subhanho wa Taala says some psycho busycal this bat, Allah says, wipe your when you making Uzu then wipe your head, this bad olema different in its linguistic meaning, does it mean the bar that teaches us the entire head?

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So you have to wipe the entire head? Or is it bad? That means part of the head? So if you wipe a quarter of the head, then your Musk is correct. So the Hanafi said, it's bad literary, it's the bad. That means part of something that's if you wipe a quarter of your head, then your muscle is correct. But the early ama, who said this bad is Lily illfonic. This bad refers to the entire thing that is being described. They said you have to wipe your entire head for your must to be correct. So naturally, if you went to Hamburg and said I have to cut off my head. They'd say you're always incorrect, eloquent to hanafy and said I'll have to cut off my head.

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They would say your window is correct Do you understand? So meaning this another drop in the ocean, we can go into linguistic issues that cause differences of opinion, we can go into a range of things, but for purposes of our discussion now appreciate the situation in Iraq. So there was a difficult situation with the philosophers with the highridge. With people denying the names and attributes of Allah subhanho wa Taala. With the Shia and people who are just creating narrations and attributing it to the Prophet sallallahu alayhi wasallam there was a need for them to step up and apply themselves more and SubhanAllah. If we have time and we do discuss the Maliki method, you see

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that Imam Malik from Medina from a school of hijas he would also use

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Mr. Malik Rahim Allah if a hadith was ahead, and it went against the apparent meaning in the Quran, he would reject the Hadith isn't right, right. This is what the other Hadith they'll say, they will say that no mistake to the head find Mr. Malik, we say was from the scholars of Hadith. That's fine. But if Imam Malik has this issue soon, as we discuss, this is the the presence of Ronnie because he chose how to adopt himself in building the rulings of the Sharia. So for example, La Ilaha Illa. Allah is like an example an example Rasulullah sallallahu alayhi wa sallam said man, metta Allah His own sama and who believe that if a person dies and he has obligatory fasts, which he hasn't done,

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then he's well he should fast for him. Mr. Malik rejected this hadith. Why? Because he says this hadith is a hat. It's a singular tradition. It came to us through a singular chain, and it goes against the apparent meaning in the Quran, Allah subhanho wa Taala said while at 10 00 to zero, we Allah subhanho wa Taala said that nobody carries the burden of another person. So he rejected Mr. Malik, in fact had right more than even the hand of his in that we won't say more in general but he had right in that he said Rahim Allah ima Malik Rahim Allah with respect to ima. He said, that if we have a narration and this narration contradicts the practice of the people of Medina, then we leave

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the narration and we stick to what the people of Medina doing, because they are descendants from the Sahaba. And he had he cited his reasons. So appreciate he had and appreciate that no rulings came from the sky. Nobody sat down one day over a million says Yella today I want to say this about this and then that was it. No, it came through the fear of Allah subhanho wa Taala. And it came through serious study and contemplation, and Shura, and vihara and so on and so forth. understand the intricacies here in HD hat. So as a result of these conditions in Iraq, they were stringent conditions placed before accepting Hadith and this is what made the Madras of Iraq different than

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the madness of hedges. Marisa hedges would work more with Hades and they had a lot more headache at the reach, and they never needed to doubt the narrator's of Hades as the allameh in Iraq. Are we clear on that? Good. Okay, what kept the School of Iraq prevalent? How did this madressa stay afloat? With all these hard conditions that prevented them from having so many ideas, and they living in fitna and facade? How did this madressa survive? So hannula? Well, obviously, it's the mercy of Allah subhanho wa Taala first and foremost, and then the great blessings that Allah showered the LM off Iraq, that they were able to apply themselves based on the Quran and the

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authentic sooner that they had and use as an analogy to work with the few evidences that they had to produce rulings that covered the new situations that arose. And really, we should stand up and give them a pat on the back, really, because they were looking after the affairs of the Muslims, even with those difficult situations. Remember, it wasn't like now we just emailed Google check it out. I was authenticity of this head is very quickly, let's just get the iPad out. And then we check or let me just pick up my mobile and phone, the lab and our best in Macau very quickly in the same instance and just find out if this is a hadith. Yeah, it was a long journey to get to Makkah and then find

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out and then come all the way back. Right. In the meantime, these people who need the ruling, they are the servants of Allah subhanho wa Taala you need to step up and become also eligible and produce the answers that the people need to appreciate the situation of the people of Iraq so what made the school survive? Well, first and foremost, the presence of giants like Ali Abdullah and and as we said above the law of the law and also these giants passed on this method to people who became giants from the tablet and remember we said that even miss Rudolph the Allahu and taught Ibrahim Allah Hi, right. And they are narrations that even Masood would allow Ibrahim and nihari to

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practices HD had and even Masood would check and approve his HD hat, which gave him that confidence that this was a flag that would carry on the fifth methodology after the passing of these companions. And then also when the ambassador introduced the judiciary system, and this was a very fundamental point when the best that's introduced the judiciary system, they adopted the Hanafi school of thought, or the School of rye as the means of deducing rulings. Now, they were running the

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Islamic State, so everybody will force to fall into line, right. And this is also an added to the spirit of the Hanafi method and that's why it's the most followed method. Today, it is the most followed method if we look at the areas that the Hanafi madhhab is followed, so the allameh in this region were forced to be strict regarding what they accepted as Sunnah. And as a result did not have the many narrations the School of jazz had, and had to rely more on opinion, right and deductions from the few evidences that they considered authentic. So it was possible for them to reject a hadith for example, if the Hadith as I said, was in a matter that concerned everybody, for example,

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for example, like we know, in the Hanafi method for Hadith is a singular narration. And the Hadith goes against a ruling established by Yes, also they would reject the Hadith, because obviously the chaos is based on an ayah in the Quran, or the Hadith, which is brutality or more, more certain people have more certainty regarding that Hadith. So they studied that Hadith and deduced through analogy a ruling for another circumstance. If another Hadith came, which was narrated through a singular tradition dealing with that matter, which differed from the ruling they established through Ts from Mozart and narrations they would reject that was the issue. And this might have been

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different in ages, Dharma teachers wouldn't. For example, another common difference which teaches us what is the Hadith and what is what is an array of 100 Hadith, if as a hobby narrated the Hadith, if as a hobby narrated the Hadith, but practiced, contrary to what he narrated, the school of rye would follow what the Sahaba did, and not the Heidi, this is a personal opinion, is not opinion from the sky. No, it's based on Etihad. This is a developing suit, right? They would say that as a hobby cannot narrate a hadith and go against it. If he went against it. It means what he narrated has to have been abrogated, and we don't have the Hadith which abrogated it. But we know the fact that he

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didn't practice it means it's abrogated. Now you see that the madrasa in Asia says no Hadith we stick to the Hadith. We don't care what the Sahaba did this happy could have forgotten he could have made a mistake in his understanding. We are commanded to follow the words of Hama sallallahu, alayhi wasallam. So they have a take and they build the opinions on it. And the madrasa for I have a take and they build their reasons on it. It wasn't rulings to forcefully deny the Sunnah. So for example, the Hanafi is in Salah they raised their hands only attack beautiful,

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right? They don't raise the hands in any other place in the Salah because the narrator in the sorry about raising hands in Salah is even Amaro De La Hoya and Houma and the student of even Omar says I traveled with Eben Omar for many, many years. I accompanied him not just traveled accompany him and he was a student for many, many years and he never raised his hands except except at Sakura Taneja. So did you just decide No, we just want to read Salah was tequila to the harem. And they saying that if even Omar narrated the Hadith in our school, if he narrates the Hadith, and practices against what he narrated, we follow what he practice because it's a case that that is abrogated, especially

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that it's even Omar who follows the sun. We cannot believe that he is contradicting what he narrated, but the alumna of the jazz, say, you know, he could have forgotten so on and so forth. We follow what was narrated, if we look at getting married, the handoff is don't place as a conditional. Well, it's famous, isn't it? You need only for Nika. The famous ruling is that the Hanafi is don't stipulate a valley and that is why when people want to elope they become Hana V's but that's following Rojas and that's dangerous. Although I agree. Ross for the person who follows eases picks and chooses he leaves his religion May Allah protect and that's the reason why some

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Allah said you have to follow one must stick to it because it's based on one set of rules. And it will protect you from all this issue of messing around. But that's another story which we'll discuss when we maybe study our third session and maybe deal with tech lead and Etihad and so on and so forth. So the Hanafi say you don't need a wily to get married. Why not because they just reject it. Because I shadowed the Allahu Allah is the narrator of the Hadith, which states they have other evidences the open bidet in which the head when he hired the doctor said of Eben rushed and habeas gibberish, the grants are not the grandfather. They were both scholars. Although the grandson had a

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bit more philosophy in his Think Tank, but it's a book they teach in Medina and jam with Islamia, you can be there to watch the hit when it's a Maliki book, but it's so called mcaren. It covers all the views of the mother, he mentioned the views of the mother here. And then he mentions the reasons why the mother have different which opens your mind you realize panela is actual a process that each one used to get to his ruling. And in fact, it's translated into English I think it's called the distinguished Judas primer or something like that. You should find it online if you do a search. I'm not sure if all of it is translated, but definitely part of it. So give it a try. He mentioned the

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evidences that the Hanafi is used with regards to why they don't stipulate the Wali in getting married but from them is that I should have the Allahu anhu generated the Hadith. And she got her niece married and all the olema agree that a female cannot be hourly, right? She's a female No, I shall be a lover. So although lemme agree a female

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cannot be hourly and she's a female and she got her niece married. So they save she got her niece married, then what it means is that the Hadith was generated has to be aggregated and the stipulation of awali is something abrogated. Now whether it's the right take or the wrong, that's another story altogether, right? That's up to you now as a student of knowledge, when you learn and you develop for yourself, your own soul, and Allah blesses you with years of piety and years of memorization of the Quran and the Sunnah and understanding the and building yourself upon the feet of the Giants before us. And you get to the ability of each Jihad and you draft for yourself your

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own soul, and then you build your rulings on will soon. That's another thing altogether. So we're not discussing whether the school is right or wrong. What we saying is this was the soul of the email. Thus they did not stipulate they did not stipulate early however, the madrasah said we're not concerned about what the Allahu Allah did rather we are concerned about what the prophet sallallahu alayhi wasallam said so I hope you're getting an appreciation. I hope it's growing on you this whole concept of after this era of the tabular in we have the infant tablet if we can say so or the not so senior tablet in and they came after the era of the senior tablet in they obviously learned from

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these students have been mastered and even our best and Abdullah Ibn Umar, radi Allahu anhu magma in and they had a big role to play because what they started doing was jotting down the Islamic sciences. So we find that Imam Shafi wrote a rissalah he wrote a book, you know, pseudo sick, and there's a book of his infect. So now all of a sudden, we have documented books, and available hanifa. For example, He didn't write books besides two books, which was shipped on October and another book, which deals with the etiquettes of seeking knowledge and some of the relevant dispute where the physical expert is his or not, that's another discussion, but in general, you know, two

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books. So what happened was when Imam Shafi and the Shafi mother began having documented pieces for the method, the scholars of the Hanafi method and the other mazahub, or more particularly the Hanafi method, because it was the earlier the first of the mothership that became set, they started studying the statements of the Imam and deducing from his statements for sure, it doesn't mean you pick up a book of the Hanafi method that that as soon as Abu hanifa said, rather, is deduced. From his ruling, they looked at his rulings and he said for him to have said this, this must have been the cause. So this is the rule of an Imam, Abu hanifa. Is that clear? Right, so Abu hanifa didn't

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write but there are books that stipulate that this is his school and so on and so forth. So these were his views and so on and so forth. And they are the work of his students and inshallah we will come to that. So this is the era of Imam Shafi. Mmm Abu hanifa, even though some will say that Abu hanifa met NSE bin Malik, Robbie of Lahore and and he narrated a hadith from NSE, but Malik which was Allah Buddha, Allah, Allah Muslim seeking knowledge is compulsory upon every Muslim, right. So it is said that this is what happened. But I think majority view is the stronger view and the majority view is that he didn't meet an S even Malik rhodiola one but no doubt he was from the

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senior or most senior of the savvy. He was born in the at&t after his era, right, which was way before the birth of Mr. Malik Rahim Allah he was from the senior tablet in and then in this era now, and given the situation in Iraq, and so on and so forth. We found that in fact, they would sit together and discuss matters that did not yet exist. Remember we said earlier, they would discuss a situation only when it existed and they needed a ruling, right? In this time, they would say what do you think if this happened, and what do you think if that happened, what if you think a person wants to go for Hajj he raises her arm, and then a big bird picks him up and flies, how does he enter into

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the handoff is disgusting. I mean, what does that tell me apart? They said, when he's over the macaque, he will make an it's true. Today, don't we observe our run from the aeroplane? And yes, they were criticized for it, they were criticized for it. But what we must remember is again, the allameh in he just didn't have a total idea of the situation in Iraq Iraq, the being the Islamic empire had to deal with situations on the go, right? So it was natural that they were forward thinkers, right. So they were discussing what if this happens, what if they were already forward thinkers you find in the Hanafi madhhab discussions pertaining to gender change of the fetus So hey,

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and today is operations about gender change, right? So if you appreciate the circumstance in Iraq you can appreciate they take in certain matters and certain practices so what we must do is understand context and understand situation effect witness some of the greatest imams in this period. I'm gonna recite them to you very quickly before my trip so write them down quickly because they're good names to know especially when you start reading the book so you know who exactly you reading about at the time of the tablet, we have a lazy been sad, and he was based in Egypt, a lazy urban setting, and then we have a rosary in Sham and then we have a chef Yuri and Sophia urban

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Marina in Makkah. Obviously Shafi was in Iraq. He studied with Mohammed even has an issue Bernie the students of Abu hanifa and he studied with him and Malik and studied with him and Mohammed bin humble, and you know, I haven't even studied with him, I'm sure

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So there were teachers and students of each other. Then we have Abu hanifa and Sophia and authority in Kufa and even Tabitha Zopa and Sophia and authority in Kufa. And then we had Imam Ahmed ibn jarier appleberry Abu Saud endowed advisory in Baghdad, these were all giants for law. He, you know, the mother had died out, but there was colors and some of the views exist with us today, babe. And then this is half even Rahi. Some cities have been around Hawaii, but it's around Hawaii is hot, even Rahu. Yeah. And he was in a Sabu, which was in a Sabu was nice. I bought some of the elderly people know, now, all of these collars had a mishap. They were much the heads, they had the math hub

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and all these math hubs passed away. I can use that term they passed away they died out with the passing away of the Imam we must have died, except the mother of delta V which lasted up to the fifth or the middle of the fifth century, sorry, the middle of the fifth century until the fall of funders, right so we know that the virus from Spain and endless fell that must have dissipated. And so all these methods died out except the virus which lasted up to the fifth century and except the must haves of Imam Abu hanifa Imam Malik Imam Shafi Ahmed bin hamba, the last two today, right? Allah subhanho wa Taala for whatever reason gave these four mother a presence. And these methods

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lasted for many reasons from them was the fact that their students were powerhouses as well. The way students became imams in and of themselves. And they created a llama of the mother hip and so on and so forth. And also there were other reasons like for example, the Hanafi madhhab. As I said, they adopted the Hanafi mother best Kava, so it became something documented and present, and people were practicing the Islam based on the rulings of the erla in that time, and they were utilizing the height of the mother or the ruler of the Hanafi method to derive their rulings in summary reasons for region of the two schools number one, the influence of certain companions and their contrasting

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approaches to pick up the library Mr. Different to have the library, right of the label Mr. DeAndre, and he taught at Bremen high, and so on and so forth. And Omar, stick to the wordings of the Hadith more, right so difference in method. That's what I told you, we must understand these three. So have you have to live in Omar Abdullah live in Missouri, they have to live with a bass, because this fundamental shift based on their teaching methods, so the influence of certain companions and their contrasting approaches to hc, number two availability of a hadith in hijas, and the lack of a hadith in Iraq, and number three, the stability in ages and the lack of stability in Iraq. And number four,

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the prevalence of fabricated Hadith in Iraq and the lack of fabricated editing pages, right. So these are four reasons that we can mention that cause these two schools of thought to come into existence. So handled, I will be having these panicle no more behind the condition to Allah, Allah, Allah and Mr. phylloquinone